Usage of National Emblem as well as National Flag on T Shirts

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Bhavani Prasad

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Apr 12, 2013, 1:33:23 AM4/12/13
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Dear Friends.,

One of the Companies located outside India want to use our National Emblem and Tricolor flag on the T Shirts manufactured by them.

Its a for-profit company which hopes to make Indian inspired clothing to promote Indian national flag,freedom fighters through clothing line amongst the youth to promote national pride .

Can the Company use the National Emblem as well as National Flag on T Shirts manufactured by them or Is there any violation of State Emblem of India (Regulation of use)Rules,2007.

Regards

Prasad

pvr...@gmail.com

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Apr 12, 2013, 1:43:12 AM4/12/13
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Hello,
It is a legislation applicable to the territory of Republic of India .
However,it can lead to diabolical situations such as assassination of a diplomat in a third country when a certain film was produced by another on a certain figurehead of a certain religion.
By extrapolation of UN Treaties,the ambassador of India located in the country where your client seeks to mass circulate/manufacture these Indian National Flag-centric attires is well within powers to prohibit it: as such,you may advise your client to act prudently by seeking a prior approval from said local Indian Govt.rep,viz;Ambassador/Consul Head by furnishing all requisite undertakings to not to let.permit or indulge in any kind of indirect/explicit insult to the Flag through such a Usage.
Otherwise,the right to carry on business allows such an ingenuity ,per our Constitution too.
Keep me posted(a curious case!).
Best,
Pamarty Venkataramana
International Corporate Lawyer/
Supreme Court of India/Jurist
Sent from BlackBerry® on Airtel
From: Bhavani Prasad <cnb...@gmail.com>
Date: Fri, 12 Apr 2013 11:03:23 +0530
Subject: [CSMysore] Usage of National Emblem as well as National Flag on T Shirts
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Bhavani Prasad

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Apr 12, 2013, 2:50:32 AM4/12/13
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Venkat Sir

Thanks for your excellent interpretation,but I happen to go through a web site named

www.myntra.com where in I have seen T shirts bearing Tri-color logo of our National Flag with name typed as INDIA underneath.

For your information I'm sending the hyperlink of the same.

http://www.myntra.com/Tshirts/Sher-Singh/Sher-Singh-Kids-India-Jr-Polo-In-White/89324/buy?t_code=7e482bef44bb4ac2f23496b21b130f15

Does it amount to violation of State Emblem of India (Prohibition of Improper use) Act,2005.

Please elucidate.

Regards

Prasad

Naveen Shree Pandey

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Apr 12, 2013, 2:59:16 AM4/12/13
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Sir,

Absolute violation is there please refer Flag Code of India, 2002 read with the provisions of
the Emblems and Names (Prevention of Improper Use) Act, 1950 (No. 12 of 1950) and the
Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971).

Being specific preamble of the Name and emblem states An Act to prevent the improper use of certain emblems and names for professional and commercial purposes. Refer Section 3 too.



Thanks and Regards
 
Naveen Shree Pandey

 
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pvr...@gmail.com

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Apr 12, 2013, 3:03:02 AM4/12/13
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I shall asap and revert.
Thanks and regards.
PVR

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From: Bhavani Prasad <cnb...@gmail.com>
Date: Fri, 12 Apr 2013 12:20:32 +0530
Subject: Re: [CSMysore] Usage of National Emblem as well as National Flag on T Shirts

pvr...@gmail.com

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Apr 12, 2013, 3:05:40 AM4/12/13
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Jurisdiction is a prime factor for consideration of applicability of any given act under any given Act of a Sovereign: ongoing Italian navy personnel with State govt of Kerala a case study in point (on this aspect).
More on deliberations.
Best,
PVR

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From: Naveen Shree Pandey <naveen45...@gmail.com>
Date: Fri, 12 Apr 2013 12:29:16 +0530
Subject: Re: [CSMysore] Usage of National Emblem as well as National Flag on T Shirts

venkata ramana

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Apr 12, 2013, 4:07:10 AM4/12/13
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Sher Singh has an idea which is apparently not translated in the present form.
There is no violation on the face of it: usage of words seeking to enhance 'national pride' buffer his intent and motto in using the motif .
If sponsors of sporting events can distribute similar t shirts to sports bodies,etc,why not sher Singh?
Mera Bharat Mahan!
P.s.-
Just an aside,provisions of law must be interpreted to favour citizenry and not be used as hurdles or deterrents to free enterprise!
Unless we inculcate this attitude in our country,the saga of erratic growth will prevail.
Best,
PVR

Indrani Sanka

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Apr 12, 2013, 1:47:16 AM4/12/13
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Hi,

As per the flag code we can not use the flag as a wearing apparel as it leads to insulting our flag. There fore it is prohibited.






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Regards,
Indrani

pvr...@gmail.com

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Apr 15, 2013, 1:42:37 AM4/15/13
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Hello,
Using as a wearing apparel is distinct and different from embossed emblem on the apparel . Also, t shirts and positioning @ heart-region of the wearer is quite legal . Any objections can be successfully challenged under the constitution.
Best,
PVR

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From: Indrani Sanka <indran...@gmail.com>
Date: Fri, 12 Apr 2013 11:17:16 +0530
Subject: Re: [CSMysore] Usage of National Emblem as well as National Flag on T Shirts

Bhavani Prasad

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Apr 15, 2013, 1:43:16 AM4/15/13
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Indrani

Thanks for your response,if you observe my previous mail there is one company using our national tri-color flag on T shirt,and the Ashoka chakra imprinted on flag there are less than 24 spokes (which is sheer violation of Tricolor code).

Can we go for defamation case on this company?

Response(s) please...

 

pvr...@gmail.com

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Apr 15, 2013, 1:47:06 AM4/15/13
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Hi,
Lesser number of spokes is derogatory indeed if the user aims to identify it with the national symbol.
As far as case of 'defamation' is concerned, locus standi is to be established.
At best,a private complaint may be instituted before court of magistrate . Notice may be issued to summon the accused after preliminary hearing of the aggrieved complainant.
Fyi .
Regards,

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From: Bhavani Prasad <cnb...@gmail.com>
Date: Mon, 15 Apr 2013 11:13:16 +0530
Subject: Re: [CSMysore] Usage of National Emblem as well as National Flag on T Shirts
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